86-123 Raisch Construction Co., Saratoga-Sunnyvale Rd Widening Project No. 85-01, Traffic Signal Modification Project No. 85-06 •
•
'� •
i
•
CONTRACT FOR PUBLIC WORKS
•
CONTRACT made on August 1, 1986 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and RAISCH CONSTRUCTION CO.
- - - ,hereinafter called the CONTRACTOR.
IT IS HEREBY AGREED by the parties as follows:
1 . THE CONTRACT DOCUMENTS. The complete.contract consists of the
,following contract documents:
A. Plans and Specifications for SARATOGA-SUNNYVALE RD. WIDENING - PROJECT 85-01
TRAFFIC SIGNAL MODIFICATION - PROJECT 85-06
B.' Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate •
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and described herein.
•All of the above documents are intended to cooperate so that any
work called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as the Contract Documents. In
case of conflict between the Plans and the Specifications on the •
one hand, and this Contract on the other, the Plans and
Specifications shall prevail:
2. THE WORK. The Contractor agrees to furnish all of the tools ,
equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and
workmanlike manner, the work of Saratoga-Sunnyvale Rd. Widenign,Proj.85-01; •
Traffic Signal -Modification, Proj. 85-06 as called for, and in the .
manner designated in, and in strict conformity with, the Plans and
Specifications prepared by: Mr. Bert J. Viskovich, Director of
Public Works and adopted by the City, which Plans and
Specifications are entitled, -respectively, SARATOGA-SUNNYVALE ROAD
WIDENING, PROJECT 85-01; TRAFFIC SIGNAL MODIFICATION - PROJECT 85-06.
•
Page l •
•
and which Plans and Specifications are identified by the signatures
of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction of the Contractor, but
subject to the inspection and approval of the City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J . Viskovich, Director
of Public Works.
3 . CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to be
done, the sum of :
TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED FIFTY TWO AND NO/100 DOLLARS
($277,552.00)
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute
arise respecting the true value of the work done, or any work
omitted, or of any extra work which the Contractor may be required
to do, or respecting the. size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined either by reference to the unit of prices, if
'applicable, or in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements,
etc. , for the construction of the project, give all necessary
notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety. •
6 . INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to '
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, itmust, if required by the City, be
uncovered for examination at the Contractor' s expense. •
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work. require' any alterations,
•
• Page '2
deviations, additions or omissions from the Specifications or Plans
or the Contract Documents, it shall have the right to do so, and
the same shall in no way affect or make void the contract, but the
cost or value thereof will be added to, or deducted from, the
amount of the contract price, as the case may be, by a fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body,- and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless so
ordered.
•
8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may
be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination,
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
agreement of the parties, or •in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
•
10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
NINETY (90) WORKING DAYS FROM NOTICE TO PROCEED
If the Contractor shall be delayed in the work by the acts or-
neglect of the City, or its employees, or those under it by
contract or otherwise, or by changes. ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor' s
control, or by delay authorized by the City, or by any cause which
the City shall determine justifies the delay, then the time of
completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
Page 3
•
•
•
11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that the City may arrange for mill or factory inspection
and testing of the •same, if the City requests such notice from the
Contractor.
12. TERMINATION FOR BREACH, ETC. if the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intention to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon . it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13 . THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final .
completion and acceptance of all work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment '
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities as provided in Sectidn 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors. •
Page 4 •
•
14 . NOTICE• AND SERVICE THEREOF. Any notice from one party td •
the other under this Contract shall be in writing, and shall be
dated and signed either by the party giving such notice, or by a
duly authorized representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the following manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails, •
enclosed in a sealed envelope, addressed to said Contractor at:
RAISCH CONSTRUCTION COMPANY P.O. BOX 729
MT.VIEW, CA 94042
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to such
surety or other person, or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to such
surety or person, as the case may be, at the address of such surety
or person last communicated by him to the party giving the notice,
postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part
thereof, nor moneys due or to become due thereunder, may be
assigned by the Contractor without the prior written approval of
the City.
16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in
the Specifications, any material or process is indicated or
specified by patent or proprietary name, or by name of
manufacturer, such Specifications must be met by Contractor, unless
the City agrees in writing to some other material, process or
article offered by Contrabtor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety '
bond in an amount at least equal to one hundred percent (100%) of
the contract price as security for the faithful performance of this
Contract. The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (1008) of the'
contract price as security for the payment of all persons ' for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labor thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney' s
fee to be fixed by the court in case suit is brought upon the bond.
Page 5 •
•
•
•
18 . INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriage of
insurance required, and there shall be a specific contractual
liability endorsement extending the Contractor's coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this '
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ,ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide
Worker' s Compensation Insurance and Employer's Liability
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of the Labor Code •
which require every employer to be insured against liability for
worker's compensation or to undertake self insurance in •
accordance with the provisions of the Code, and I will comply •
With such provisions before commencing the performance of the •
work of this contract."'
(b) LIABILITY INSURANCE. The Contractor shall take out and •
maintain during the life of this Contract such Bodily Injury •
Liability and Property Damage Liability Insurance as shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third-party
property damage, to include coverage on property in the care,
custody and control of the Contractor, and also including what
are commonly known as the "X, C, and U" exclusions (having to do '
with blasting, collapse, and underground property damage) , which
may arise from Contractor's operations under this Contract,
whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows:
t cs Bodily Injury Liability Insurance in an amount not less than
/ 0ojuooto.aoe-,too--oee-, for injuries, including accidental death, to any• one
person, and subject to the same limit for each person, in an
amount not less than $.1 OOO,44W. on account of one accident, and
acs, /. Ooo,OOo.ub
•
Page 6
Property Damage Liability Insurance in an amount not less than
$100,000,000. The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19 . HOLD HARMLESS. The Contractor will save, keep, and hold
harmless
all damages, costs, all
p
or expenses, inlaweor�innequity , that may
from may
at any time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . HOURS OF WORK. Eight hours of labor during any one calendar
day and forty hours of labor during any one calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it is expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
subcontractor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this Contract, shall
be- required or permitted to work thereon more than eight hours
during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the
State of California, -work performed by employees of contractors in
•
excess of eight hours per day and forty hours during any one week •
shall be permitted upon public work upon compensation for all hours
worked in excess of eight hours per day at not less than one and
one-half ic . It is further exressly .
stipulated times
thatthe forbaseach andeeverof yaviolation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor shall forfeit, as a penalty to the City, twenty-five
dollars ($25.00) for- each laborer, worker, or mechanic employed in
the execution of this Contract by Contractor, or by an
subcontractor under this Contract, for each calendar day during
which said laborer, worker, or mechanic is required or permitted to
work more than eight hours in any one calendar day and forty hours
in any one calendar week in violation of the provisions of said
. Sections of the Labor Code.
Page 7
The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
day and each calendar week by all laborers, workmen, and mechanics
employed by him in connection with the work contemplated by this
Contract, which record . shall be open at all reasonable hours to the
inspection of the City of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the City has
ascertained the general prevailing rate of per diem wages and rates
for holidays and overtime in the locality in which this work is to
be performed, for each craft, classification, or type of laborer,
workman, or mechanic needed to execute this Contract. The
prevailing wages so determined are set forth in the Specifications
and made a part hereof. Neither the notice inviting bids nor this
Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the . Contractor or any
subcontractor under him may base any claim against the City.
1776. (a) Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address, social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by.
him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the Contractor on the following
basis:
(1) A certified copy of an employee' spayroll record shall be
made available for inspection or furnished to such employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in •
subdivision (a) shall be made available for inspection or •
furnished upon .request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through
either the body awarding the contract, the Division of •
Apptenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
Contractor
shall
enumerated insubdivision (a) with the entity that . recordsd copy of the
that • requestedsuch
records within ten (10 ) days after receipt of a written request. •
Page 8
•
(d) Any copy of records. made available for inspection as copies •
and furnished upon request to the public or any public agency by •
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such ' a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street ' address, city and county and shall, within
five working days, provide a notice of a change of location and
•
address.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying' in what respects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10 ) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
'(h) The director shall adopt rules consistent with the California
Public Records Act, (Ch; 3 .5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to be chargedfor reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall .be paid _ the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
•
•
Page 9
•
•
•
only apprentices, as defined in Section 3077, who are in training
under apprenticeship standards and written apprentice agreements
under Chapter 4 (commencing with Section 3070) , Division 3, of the
Labor Code, are 'eligible to be employed on public works. The
employment and training. of each apprentice shall be in accordance
with the provisions of the apprenticeship standards and apprentice
agreements under which he is training.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any • subcontractor under him, in
performing any of _ the work under the contract or subcontract,
employs workmen in any apprenticeable craft or trade, the •
Contractor and subcontractor shall apply to the joint
apprenticeship committee administering the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approving the contractor or subcontractor under
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided,
however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of theAdministrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less than one apprentice for each five journeymen, except as
otherwise provided in this section. '
•
The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
the numberofapprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by.
the Contractor that he employs apprentices in such craft or trade
in the state on all of this contract on an annual average of not
less than .one apprentice to each five journeymen, the Division of
• Apprenticeship Standards may grant a certificate exempting the
Contractor for the 1-to-5 ratio as set forth in this section. This
section shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000 .00 ) or twenty (20)
working days or to contracts of specialty contractors not bidding
: ' for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five (5) working
days. •
•
Page 10
•
•
• "Apprenticeable craft or' trade, " as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the
• . Apprenticeship Council. The joint apprenticeship committee shall
have the discretion !to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the 1-to-5 ratio set forth in this section when it
finds that any one of the following conditions are met:
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
s a
is (creplacingthere
atileastshone-owigthirtieththat the
of appritsicjourneyment an trade
• through apprenticeship training, either Cl) on a statewide basien s,
or (2) on a local basis.
ment of
publiclfworksgncontractanwouldeRtice createtoa a condition which would
ny performed under a
is life r the
if ,
employees jeopardizeofhthe public•at large lifsthesaspecific fetor ptaskrto whichl
lthe
apprentice
•When such
represents contractorsnin arspeci ice e trade from thd to an ea 1i tot
5oratiohlon
a local or statewide basis the member contractors will not be a
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
Pi contractor to whom the contract •
is awarded, or any
subcontractor under him, who, in
th'e .Contract, employs performing any of the work, under
apprenticeable journeymen or apprentices in any
is not cont
fund dr funds to administer and r adconduct e and hothe apprenticeshipnp to a
in any such craft or trade in the area of the site of the ppublic
work, to which fund or funds other contractors in the area of the
fund orffunds pinleachic wcraftarore ctr debiniwhichhhelemploysbjou to the
or apprentices on the public work in the same amount orouponythe
same basis and in the same manner as the other contractors do, but
where the 'trust fund administrators • are unable to accept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship Council. The
contractotor subcontractor may add the amount of such
contributions in computing his bid for the contract. The Division
of Labot' Standards Enforcement is authorized to enforce the payment •
• ofsdeh'•thontributions to the fund or funds as set forth in Section
227.
•
•
Page 11
•
•
•
' The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such
•
• stipulations shall fix the responsibility of compliance with this
section for .all apprenticeable occupations with the prime
contractor.
All decisions of . the joint apprenticeship committee under this
section are subject to the provisions of Section 3081. . (Amended by
Stats. 1976, Ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse to accept otherwise qualified employees as registered
apprentices on any public works, on the ground of the race,
religious creed, color, national' origin, ancestry, sex, or age,
• except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, Ch. 1179)
•
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.5, such contractor shall:
(1) Be denied -the right to bid on any public works contract for a
period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeship; and
(2) Forfeit ad a civil penalty in the sum of fifty dollars
($50 .00) for each calendar day of noncompliance. NothWithstanding
the determination onthe s fSection 7�
awardingbody shall withhold from scontract
progress payments then due or to become due such sum.
(b) Any such determination shall be issued after a full
investigation, a fair and impartial hearing, and reasonable .notice
. thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship Council.
• _ (c) Any ' funds withheld by the awarding body pursuant to this
§ection shall be deposited in the general fund if the ;Warding body
is a state entity, or in the equivalent fund of an awarding body if
such awarding body is an entity other than the state.
•
The interpretation and enforcement of Sections 1777.5 and 1777.7•
shall be ' in accordance' with the rules and procedures of the
California Apprenticeship Council. (Amended by Stats. 1978 , Ch .
1249)
•
•
It shall be mandatory upon the . Contractor, and upon any
.subcontractor under him, to pay not less than the said specified
rates to all
loed in the
execution ofthe laContract�.orIteis further cexpresslhanics ymstipulated that
. the.Contractor shall, as a penalty to the city, forfeit twenty-five ,
dollafa ($25.00) for each calendar day, or portion thereof, for
'• each laborer; workman, or mechanic paid less than the stipulated
4 teVMiling
tates for any work done under this contract by him or by
• : ''ap subcontractor under work done under this Contract by him or by
•: Ahy • subcontractor under him; and contractor agrees to comply with '
all provisions of Section. 1775 of the Labor Code.
Page 12
•
•
In case it becomes necessary for the Contractor or any •
subcontractor to employ on the project under this contract, any
person in a trade or , occupation (except executives, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum • wage rate is herein specified, the Contractor
shall immediately notify the City, who will promptly thereafter
determine the prevailing rate for such additional trade or
occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
22. ACCIDENT PREVENTION. ' Precaution shall be exercised at all
times for the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be guarded. or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Not later than the first Tuesday of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu •
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of •
completion. In event of the failure of the City's representative
to furnish and deliver said certificates- or any of them or in lieu
•
Page 13 .
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upop him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates._
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can. be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
performing the Contract discovers utility facilities not- identified
by the City in the Contract Plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. NEVERTHELESS, the
Contractor shall, if the insurance premium is a separate bid item, '
obtain the insurance to indemnify the City for any damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effects: earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States, '
or were of a magnitude at thesiteof the work sufficient to have
caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, the City
shall not, , in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen
to said building, work, or equipment or any part- thereof, or in,
Page 14
•
on, or about the same during its construction and before '
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly
guarantees the first-class quality of all workmanship and of all
materials, apparatus, and equipment used or installed by him or by
any subcontractor of supplier in the project which is the subject
of this Contract, unless a lesser quality is expressly authorized
in the Plans and Specifications, in which event the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one (1) year
of the date of acceptance of completion of this Contract by the
City, the Contractor• will forthwith remedy such defects without
coat to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall
become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00)
for each and every working day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted by the City from-moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be liable to the City any
excess.
"28. • ADDITIONAL PROVISIONS.
None
Page 15
STATE OF CALIFORNIA
COUNTY OF SANTA CLARALss.
On this2na day of July 198 .6 , before me, KATHY D. CATO , a Notary
Public Wand for the said County and State residing therein, duly commissioned and
sworn. personally appeared RONALD L. •S�HEARY • , known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart-
nership composed of A. J. RAISCH PAVING CO.., a California Corporation, RAISCH PRODUCTS,
INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation.
and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co-
partnership composed of A. 'J. RAISCH PAVING CO. , a California corporation, RAISCH
PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. . a California Cor-
poration. thereto as principal and his own name as attorney-in-fact.
•
In witness whereof I have hereunto set my hand and affixed my official seal in the
County of Santa Clara the day and year in this certificate first above written.
On;F cuvn a,LnaIua aIuapn unnnn naeeemneonq
OFFICIAL SEAL R
g Y
t;. t�:��; KATHYKATNY D. 'CATO a
tb G{ NOTARY PICRIC - CALIFORNIA [�
COUNTY OF SANTA CLARA a Notary Pub'I in and or t e ounty o
\ —r Y Comm. Exp. March 24, 1989 Santa Clara. State of California
+-+e r:errr.Leeaescceam:caosaeaoocmcsesat d
•
•
•
•
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and Year first hereinabove written. •
•
CITY OF CUPERTINO
Approved as to form / Q/14 iii.G!
/ Marr:
•
1446;ie:;
C� y�ney CityClerks
a ,
iti
5-7r4 >e,(tc.t (cypi •
Dat
e/Cit� k
CONTRACTORt �9,ffScHCovirAvciiowr'v.
•
•
•
Hy: QOc
Ronald L. Sheary, Attorney-in-Fact
Notary acknowledgment required.
'If a corporation, corporate seal - •
and corporate notary
acknowledgment required. • •
Project, Name and Numbers. Saratoga-Sunnyvale Rd. Widening - Proj . 85-01
Traffic Signal Modification - Proj . 85-06
Contractors Names Raisch Construction Company -
ContractAmounts Two Hundred Seventy Seven Five Hundred Fifty Two and No/100 Dollars
($277,552.00)
A ;,contract Account Number::120-8501-953.
i...,;,:„.::!.t.. .:.. !c.:;•r120-8506-953
. :•r•..•
•
Page 16 .
EXHIBIT "A"
PROPOSAL
T0: THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and/or Specifications furnished for the work of con-
structing to completion Saratoga-Sunnyvale Road Widening Project 85-01 & Traffic Signal
Modification Project 85-06. I, the undersigned, hereby declare that I have read the
proposal requirements, visted the site and examined the specifications. I, the undersigned,
hereby propose to do all work required to complete the said work in accordance with the Plans,
or Specifications for the prices set forth in the following schedule. I further understand
that said prices include all costs including, but not limited to, local State and Federal
taxes and transportation costs.
I, the undersigned, also understand that the quantities shown below are estimes only,
being given on a basis of comparison of bids, and the City of Cupertino does not state that
the actural amount of work will correspond but reserves the right to increase, decrease, or
delete the amount of any class or portion of the work or to omit items or portions of the
work that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the con-
tract to any qualified bidder based on the most advantageous proposal, to reject any or all
bids or to waive any irregularities in the bidding procedures.
The work to be done consists of furnishing all labor, methods or processes, tools,
machinery and material required to construct to completion and in working usable order,
Saratoga-Sunnyvale Road Widening Project 85-01 & Traffic Signal Modicication Project 85-06,
as described in the Special Provisions.
In the event of discrepancies between the written unit price and the numerical unit price,
the written price shall govern.
The Base Bid shall include all work and requirements described in the Contract Documents,
Specifications and Drawings.
In general, the work shall be to provide for the widening of Saratoga-Sunnyvale Road
and traffic signal modifications as called for on the Plans and outlined in the Specifications.
All work shall be done in a workmanship-like manner and shall meet or exceed the standards
specified. All necessasry preparation as well as "clean up" is included in the price bid
and no extra compensation will be sought.
A bid bond in the amount of 10% is required. Award shall be to the lowest qualified
bidder; however, the City Council reserves the right to reject any or all bids. Al-
ternate bid items shall be awarded in sequence if award of either bid is considered by
the City Council.
PROPOSAL PAGE 1 OF 10
.
PROPOSAL Continued:
BID EST. QTY. UNIT
ITEM UNIT ITEM PRICE TOTAL
1. Lump Sum Provide for excavation and subgrade $ No1no n 0'
preparation complete for
EOM/11otlSawn Dollars
Dollars/L.S.
2. 288 L.F. Provide for removal of P.C.C. curb $ /LF $‘6tga
a gutter complete for
t'.ve, 6e. laR S
Dollars/L.F.
O ODA
3. 2736 S.F. Provide for removal of P.C.C. side- $ /LF $ 2-tac,—
walk and driveway complete for
ta'P►e- cly-4k at_
Dollars S.F.
`�5
4. 1710 L.F. Provide and install P.0 curb $ v _0 /LF $-368J-
an. gutter complete
at_ r C
Dollars/L.F.
•
•
PROPOSAL PAGE 2 of 10
ROPOSAL Continued: •
3ID• EST.QTY.
ITD UNIT FRIT
ITEi PRICE
5. 2,980 0'
S.F. Provide and install C.C. side- $ D0 S.F. $ 11920!
�
walk complete for t ct [LQ,S
Dollars/S.F.
•
Provide and inst PCS.F. S0 n
6. 1,210 drive- S S.F.
w omplete for . ,
�}Z $
CeLi
Dollars/S.F.
7. ' 2,260 TON Provide and install asphalt con- s
P S ��� TON S (��g�_
rete de p ifc ete forS%t4cre>
,t
Dollars/TONt
8. 75 TON ProvideQdeand install asphalt con- $ .c ."---'XJTON $3)5�1 `
c T 1 1{[9a7�4R.s plete for
\ Dollars/TON
9. 350 .L-.1. Provide and install 1-1/2" rigid $ L.F.It__ $262512
conduit with 118 AWG az ete
for Zoo -yyb� P.-
r
�D
Dollars/L.F. .
10. 1720 L.F. Provide and install 2" rigid con- /2\$ ES.-- L.F. $V11601,6'..
duit with nrlon pmF11,cope complete
for P,tcAtibllett,s,
Dollars/L.F.
11. 2 EACH Provide for the relocation of $ I JD EACH S 266()DI
ectrolier c 1 to for (INC-
.
CANYa-pdb• a
c�
Dollars/EACH
12. ' 6 EACH Provide for adjusting to finish $ W EACH S ' L ;l)
grade, valve boxes and pull boxes
complete f c)rlG iknuhchricc
7+Y.,+ J L Aok tilts
\Dollars/EACH
13. Lump Sum Provide for the modification of sZo oon9Oe
traffic signals 'complete for
Th,rT/Tiouswirl Millars
Dollars/L.3.
PROPOSAL PAGE 1 of 10 •
PROPOSAL Continued:
EID EST.QTY. - UNIT
ITEM UNIT ITEM PRICE TOTAL
14. 4 EACH Provide and install 3" drain pipe $ g2Da EACH $ (C4441?
c lete or
ollars/EAC
15. 3 EACH Provide and install P.C.C. wheel- $ k.SSEllaq� EACH $ b15`_
chair ramp \o.,•lete •r D we.
. e...... r{.,:. ■ 051+ .
Dollars EACH
•
p y�Q0
16. 13 EACH Provide and install 15 pull box $ l EACH $ �
c m lete for
-ackAw '� a
o ars/EACH �y� F�y�7�
17. 2 EACH Provide for adjusting to finish $�u )a EACH $ `UU
412
grade each manhole cbm� tte for
P bo CAL
- . .- Dollars/EACH
(� UD OD
18. 185 E.F. Provide and install standard valley $ l U & L.F. $3r'� —
gutter complete far
4frs (lc;
b�Uot.5 -
Dollars/L•F.
19. Lump Sum Provide construction signing & traffic $ c.Y Z\
c n rol complete fpr _Cr____-
' LYhu AA. (mac
Dollars/L.S.
by {(� n0
20. 377 L.F. Provide and install 12" R.C.P. $ �t L.F. $\�Z� l
,( .5,14,,,,t, comple a for
l r DU.G.
Do lata L.P.
21. 2 EACH Provide and in tall storm manhole $21Ul— EACH $I2(�°
mplet far
V1,4 Dollars/EACH
Its uu 1 a'
22. 1 EACH Providecand installlstandard .hooded $ DUD EACH S \2Ob e
drl�WWr(,.omp A OL`b.L,o P.
Dollars/EACHy, -
PROPOSAL PAGE 4 of 10 .
PROFOSAL Continued:
BID EST.QTY. UNIT
ITEM UNIT . . ITEM PRICE TOT:_;,
DY
23. 1 EACH Provide and install larg h oded S ln-ba— EACH S (jQp
d op inlet comp4ete for
• Ail,taltelkiwThIp.
Dollars/a CE
24. 1 EACH Provide and install 250 watt RPS S l�Or4 Ab
EACH S oo` •
re vomi.atrs,
Dollars/EACH
ob OD
25. 900 S.F. Provide and install 12" P.C.C. $ G�— S.F. S ��
at bus turnouticomplete for
L
)c . t LC\CalS
Dollars/SF
t
$ vv
26. Lump Sum Provide for all saw cutting �-'
complete forr``1
&t AADollars/L-_j F .
27. 800 L.F. Provide for wedge cutting of $ 54•111 /LF $ 6t06652:. •
asp45 cont ete complete for
*Ale, Aon
Dollars/LF t�'
28. 50 L.F. Provide and install. 6" x 18" $_ 1 /L.F. $_12M1.17
$_721
P.C.C..] wall complet9 for
• Dollars/L.F.
29. Lump Sum Provide and install 5 feet wide S kU �T06C�
---
P.C.C. step and ;ailing complete
for .4trv` s'4N..S. .J,
LS t
Dollars/LS .
30. 12 Ea Provide traffic signing removal, $ nb� /EACH $ 22 sb,
installation fi relocation complete`{
. for L% �`tq of .
a.
Dollars/EACH
• - - °°
31. 1 Ea Provide sandblasting pavement $ tuba' /EACH l$ Q
legends and arrows complete( for
Cc Vi sL\
Dollars/EACH
ev
32. 5,544 L.F. Sandblasting existing traffic $ L.F. $`3 1� b&
striping complete for
Dollars/LF
PROPOSAL PAGE 5 OF I0
PdRPOSAL Continued:
/••
BID EST.QTY.'
ITEM UNIT _ . ITEM UNIT
PRICE TOTAL
33. 1,225 L.F. Provtde removal of thermoplastic $
� /L.F. $ 6 ob
strip ng complete for
o"oiti0tF
34. 9 EACH Provide removal of thermoplasticI
legends cgmplete for` f ` /EACH $ ��W
Lot Jayn,l,s
Dollars/UC
35. 479 EACH Provide removal of existing traffic $ /EACH $
markers gomple for L
•
ire.
` Dollars/EACH
36. Provide traffic striping, as follows,
complete for:
a. 280 L.F. 6" White $ a0 Jb
/L.F. $
b. 446 L.F. 8" White
$ /L.F. $
c. -24- L.F. 12" White $
S"�- /L.F. $ l2a tIa
d. 903 EACH Type "A" Traffic Markers $ 2a.' /EACH $_19_1)/L21.J�
e. 196 EACH Type "G" Traffic Markers $ Mat 5.f OtJ
Oil `—
/EACH
f. 343 EACH Type "D" Traffic Markers $ 'b��' /EACH $ 029 25.
g. 1,790 EACH Type "AY" Traffic Markers $ cc'/EACH $ 359041
37. Provide pavement legends, as follows,
complete for:
a. 1 EACH Stop $
='u /EACH $ rzo
b. 2 EACH 40
$ moo /EACH $ 1o�
c. 11 EACH (8') Arrows (9 left and 2 right) $ 0.0 /EACH $ �75a
38. 1 EACH Provide for the removal of $ 2tbr�. /EACH $ 2Zto2
12' x 24' billboard.
OU
TOTAL BID: $ 7 7, ss --
01-CAA
•
PROPOSAL PAGE 5 OF 10
A. SID DOCUMENTS, continued
Name of Proposed Sub-Contractor, if any
(Section 4104 Government Code)
1• APA ‘. to &met ii
2. Rn 1\ e r &Ice(IA 2
3. (hp Sp CoMpan
4. AWN{
5. 4oh1arli i ,'.kletilr .
6.
Address of Shop or Office of Sub-Contractor
(Section 4104 Government Code)
1. San 1\012.. .. .
2. Sa>n SosQ.,
3. Fie-Mirk'
4. , C1 irk Karlo $
5. coh ' oft
6.
Work to be performed by Sub-Contractor
(Section 4104 Government Code)
1. 00►.t.R.Q�
2. PRELI G.
3.
(�1' QIPI 1\)G � A AW.��-1
4. \7V\�,�i Our
5. e-1.. 1.0-Pcl-
6.
PROPOSAL PAGE 7 OF 10
•
r
I, the undersigned, agree that if this proposal is accepted, I will enter into
a contract with the City- of Cupertino to provide all necessary machinery, tools,
apparatus, and other means of construction and do all the work specified in the
contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with any
person, firm or Corporation, making a bid for the same work, and is in all
respects fair and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the City
of Cupertino will reserve the right to establish the priority of one job over
another and each starting date where conflict of construction schedules occur.
Attached hereto is the required certified check o bid bond in the amount of
$ /O /'i 2j , as required by law and the
�' (10.% of b amount)
Notice to Bidders.
%%age\ %!..-
Ronald C. Sheary, Attorney-in-FaOf
PROPOSAL PAGE 8 OF 10 _
•
A. BID, DOCUMENTS, continued
•
• BIDDER QUALIFICATION FORM
•In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifications
as a part of this proposal, and the truthfulness and accuracy of the information •
• is hereby guaranteed.
•(1) How many years has your organization been in business under its K
present name? :1q ' AWS
(2) How many years' experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name? IOC) * ytf92S ••
(3) Contractor's License No. a4,37-?Co , State of California,
Classification /t
(4) List work similar in character to that required in the proposed
contract which your organization or personnel in your organization
has completed within the past three years.
• r
Year Class, Location of Work and for Whom Performed Contract Amount
A-H?9rLr=r{ k jon ;ANICE "
•
•
•
•
PROPOSAL PAGE 9 OF IC
•
i
P
r•
STATEMENT OF EXPERIENCE
Following is a partial list of projects completed by Raisch Construction
Co. during the past two years .
1985 Access Rd. San Jose Airport $1 ,459 ,760.00 City of San Jose
1985 N.San Jose Indus.Park $3 ,196 ,998 . 00 City of San Jose
1985 LID #9 $4 ,274 ,712 . 00 City of Milpitas
1985 Bernal Rd. $2 ,371 ,537 . 00 City of San Jose
1985 Oakmead #3 $3 ,971, 803 . 00 City of San Jose
1985 Airport Parking Lot $1,118 ,575.00 City of San Jose
1985 Highway 237 $2 , 215 ,141. 00 Cal Trans
1985 Rt. 152 $1,121, 765 . 00 Cal Trans
1986 Rt. 101 04-105004 $2,705 ,458 . 00 Cal Trans
1986 Soquel Drive $2 ,215 ,141.00 Cal Trans
1986 Truck Scale Morgan Hill $1,459 , 760. 00 Cal Trans
1986 Rt. 101 San Mateo Co. $1, 966 ,689 . 00 Cal Trans
Raisch Construction is experienced and equipped to perform the required
work.
• RAISCH CONSTRUCTION CO.
RONALD L.SHEARY
Attorney-in-Fact
4 : 86kc
il
J' A._ BID DOCUMENTS, continued
r'
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO—PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO—PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
. ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual /
- ' • Co—Partnership ✓
Corporation .
Joint Venture
Other
(describe)
.ISCH CONSTRUCTION CO., a copartnership of NAME AND
J. Raisch Pavinn Co., Ralsch Products, Inc., and • SIGNATURE OF BIDDER:
ISCh Equipment Co., A. 0. f aLtch, President,
T. Thomason, T. sumer and Chief Financial pp __ l nn
!icer, Robert T. Greene,e, Executive Vice President i_5 oA�•-�1�r,( hONI ( r .
d Chief Operations Manager and Bryan A. Raisch, tS. ��.. .-aa t
cretary of each corporation.
Renard U. "Shear'', ;AtfoTriey-Tri-Faof
• Eiq i:se,l, OnQs4-kt.4r 7,-,a & •
k.O . ox 7,291
Date: f./AI 3i � A8/
/ f Address
� l7D (7A
%1(0 4,-2
I
(H'c ) /L])C, -
Ir.')o •
Phone Number
Addenda Received:
1 2 3 4—= 5
Proposal Page 10 of 10
,=r'
C •
_i'` • .
•
. .. 9 A
SPECIAL. POWER.OF•ATTORNEY
1 .
. KNOW ALL MEN BY THESE PRESENTS: That A. J. RAISCH PAVING
CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , corporations
organized and existing under the laws of the State of California,
and having their principal office in San Jose, California, do \ \
hereby constitute and appoint A. G. RAISCH, ROBERT T. GREENE,
STEVEN GOSSETT, RAYMOND L. MESSA, RONALD SHEARY and LEO J. CACITTI
their true and lawful Attorneys-in-fact to sign, execute, seal,
acknowledge and deliver for, and on its behalf, and as its act and
deed, at any place within the United States, any and all bonds,
recognizances, undertakings, contracts or other writings obligatory in
the nature thereof, any such obligations within the United States, in
any amount. And said corporations hereby ratifies and confirms all and
whatsoever said Attorneys-in-fact may lawfully do in the premises by
virture of these presents.
This appointment is made under and by authority of the
following Resolution passed by the Board of Directors of each of
said corporations at a meeting held at the principal office of
said corporations a quorum being present and voting, on the 28th
day of April, 1972, which Resolution is still in effect,
"RESOLVED, that the President or any Vice President, in
conjunction with the Secretary or any Assistant Secretary, be
and they are hereby authorized and empowered to appoint
Attorneys-in-fact of the Corporation, in its name and ea its
acts, to execute and acknowledge for and on its behalf any
and all bonds, recognizances, undertakings, contracts of
indemnity or ..other writings obligatory in the nature thereof,
with power to attach thereto the seal of the Corporation.
Any such writings so executed by such Attorneys-in-fact shall
be as binding upon the Corporation as if they had been duly
executed and acknowledged by the regularly elected Officers
of the Company in their own proper persons . "
•
' IN WITNESS WHEREOF, each of said corporations has caused
these presents to be sealed with its corporate seal, duly attested
by its Chairman of the Board and its Secretary, this .,,:,.rcL day of
May, 1985.
A. J. Gj! P V G, CO. RAISCH ' • i, C NC. RAISC. Q IP EN "CO.
By . �(r{. _ By . . - . • %ytaL'e By - . . . / 'i .I :
Prtks dent` f` Pees •.ent� i. es sent
By ',KZ f ' - By • O�.i.: ' �( By " adee�'
Secretary ecretary S: retary
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On this ,Ii4L_ day of May, 1985, before me came the above-named
President and Secretary of A. J. RAISCH PAVING CO. , RAISCH PRODUCTS,
INC. , and RAISCH EQUIPMENT CO. , to per personally known to be the
individuals and officers described herein, and acknowledged that the .
seals affixed to the preceeding instrument are the corporation seals of
said corporations and that the said corporate seals and their
signatures as officers were duly affixed and subscribed to said
instrument by the authority and directions of said Corporations.
\C* .t. . , r 4 ,
Ats- M. ,- .tary u. c
,. dilin;SItP.I.
'1'171ti. "oinrunuc cniuoiw�n My Commission Expires (11') (� �k(7) - Icii“,
'11,., Comm. rim. .nm
Mr.Comm,brim Aug.n,�.xu,ices
I' hereby certify that the above resolution dated Hay 14, 1985, and special .
_mbarZr _re flr TT I _-Ar_ � =• Sr' :Sr '11-.7 ..111-‘-- ant -2`) -- a F
;of the , ,:1 day of ,.:71// , 19,7
SB RAIH
Se
I, the undersigned, Secretary of A. J. RAISCH PAVING CO. , a
California corporation hereby certify that at a Special Meeting of
r its Board of Directors, held on April 28, 1972, the following
resolution was adopted:
RESOLVED: That this Corporation and RAISCH EQUIPMENT
CO. , a corporation, and RAISCH PRODUCTS, INC. , a corporation
shall form a corporate partnership, to do business as RAISCH
CONSTRUCTION CO. for the purpose of contracting for and
constructing roadways and highways, and that any officer of
this corporation is authorized to execute contracts on behalf
of the said partnership.
I further certify that at an Annual Meeting of the Board of
Directors of A. J. RAISCH PAVING CO. held on September 24, 1984,
the following officers were elected by the Board of Directors for
the fiscal year 1984-1985, to serve as such, commencing September
25, 1984, until successor officers are duly selected.
ALBERT G. RAISCH Chairman, President and Chief
Executive Officer
ROBERT T. GREENE Executive Vice •President and Chief
Operations Officer
JOE T. THOMASON Executive Vice President, Treasurer
and Chief Financial Officer
STEVEN W. GOSSETT Senior Vice President and General
Manager of Construction and Construc-
tion Products Activities
BRYAN A. RAISCH Secretary and Legal Counsel
DOUGLAS L. BEATTY Vice President and Manager of Ready-
Mixed Concrete Division
LAWRENCE Cl. KLAMECKI Vice President and Manager of Land
Development Division
MARTIN McHALE Vice President and Manager of
Accounting Division
RAYMOND L. MESSA Vice President and Manager of Struc-
tures Division
DANA K. RAISCH Vice President and Director of
Industrial Relations
DOUGLAS E. RAISCH Vice President and Manager of Products
Division
RONALD L. SMEARY Vice President and Manager of Con-
struction Engineering
Dated: . .. .C/ (i f itrgS'..
I A. J. RAISCH PAVING CO.
•
T7 SC
Sec .tary
b Of. CERTIFICATE OF INSURANCE
ISSUE DATE(NI
SsEDATE( "°D YY)7/2/86 te .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
UAlexander&Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
1530Meridian EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -
P.O.Box 5700 - - '
San Jose,California 951e0 COMPANIES AFFORDING COVERAGE
Telephone 408 264-6700 .
TWX 910-338-0239 ;
COMPANY"A. ` "
-
LETTER • -FIREMANS FUND INSURANCE CO.
INSURED - COMPANY n
RAISCH CONSTRUCTION CO:- . LETTER Ea 7 ‘9rit
ii,
P.O. Box 729 , COMPANY
Mountain View, CA,, 94042 , LETTER G' JUL 0-71085 _
COMPANY D
LETTER •
PUBLIC WORKS
COVERAGES
_THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWJTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES: _ -
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR - " OATS(MAVDOPIY)- DATE(MM/DDNfl , EACH AGGREGATE
- _ _. . OCCURRENCE - -
GENERAL LIABILITY - BODILY
e
INJURY $
x COMPREHENSIVE FORM
x PREMISES/OPERATIONS ,
HAZARD
ORe, $
XUNDERGOUD ' KxC 6146423 . . - 5-1-865-1= 7fPPETY RPSE HA ARD
X PRODUCTS/COMPLETED OPERATIONS - -
CO
A x CONTRALTJALCOMBINED $ 1,000, $ 2,000.,
X INDEPENDENT CONTRACTORS -
X BROAD FORM•PROPERTY DAMAGE ,
X PERSONAL INJURY -t • PERSONAL INJURY •$ 1,000, x'
x Claims Made Form - . . 0cc.
AUTOMOBILE LIABILITY - _ - - MAY EMILY $ '
• MAY
X ANY AUTO ". BEA MOH
ALL OWNED AUTos(PRIV.PASS.) . R%C 6146423 5-1-86 5-1-87 mos
OTHER THAN FERA
_
- ALL OWNED AUTOS/OTHER
PASS./ - - - �lCCDB7D.URY $ •
x HIRED.AUTOS - ` PROPERTYI
A X NON-OWNED AUTOS DAMAGE $
— GARAGE LIABILITY • . . B 8 PD. '
COMBINED $ 1,000,
EXCESS LIABILITY
UMBRELLA FORM COMBINED $
OTHER THAN UMBRELLA FORM • - '
. STATUTORY
WORKERS'COMPENSATION KWP 2838342 , 5-1-86 5-1-87 I $ 00, (EACH ACCIDENT)
A AND - rI Ien.,000,.(DISEASE-POLICY LIMB)
EMPLOYERS'LIABILITY -
• I $ 100,(DISEASE-EACH EMPLOYEE)
OTHER .
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL.ITEMS
City of Cupertino, 'Project 85-01, 85-06, Saratoga/Sunnyvale Road '
Widening and_ Traffic Signal Modification - ,, ,
CERTIFICATE HOLDER CANCELLATION
' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF -CUPERTINO' WRITTN EXPIRA��TII(O�N DATE THEREOF, THE ISSUING COMPANY WILL P.NT3R&VAMDCROI-
MAILNAMED TO
City Engineer - THE LEFT,111..IKSF➢[DORIEXH' DAYSEMAJOStROC 1IBASH NOTICE TO THECSBTALXFIx18HQSH14&LX0MISC3113N13R
10300 Torre Avenue - 4l9c� JT, Q IY H Iju ctsaemstSt RA•i• •• -6Q9o9TAXFcs
Cupertino, CA 95014 - . ' AUTHORIZED REPRESENTATIVE
Sara J. Fountain _ ' -
•;. . f!A/ACORD CORPORATION 1984
•
, (11-85)
P�LICYJJUIdBER: KXC6116423 PAGE 1 OF 2
EUDT. EFFECTIVE: 7/2/86
THIS ENDORSEMENT CHANES THE POLICY. PLEASE READ IT CAREFULLY.
• CG 20 09 11 85 '
. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (rorm A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE •
• Name of Person or Organization (Additional Insured): - Location of Covered Operations •
- CITY OF' CUPERTINO
AND ITS OFFICERS AND EMPLOYEES SARATOGA-SUNNYVALE ROAD WIDENING
• PROJECT 85-01
- - TRAFFIC SIGNAL MODIFICATION - PROJECT 85-06
. Premium Basis Rates Advance Premium
Bodily Injury and - (Per
Property Damage Liability - Cost $1000 of cost). $ INCL.
•
- - • - Total Advance Premium $ INCL...
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as .
applicable to this endorsement.) .
1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than ser- '
• include as an insured the person or organization vice, maintenance,or repairs)to be per-
(called "additional insured")shown in the Schedule formed by or on behalf of the additional
• but only with respect to liability arising out of: insured(s)at the site of the covered op-
•
A. "Your work" for the additional insured(s) at the orations has been completed; or
•
location designated above, or (b) That portion of"your work"out of which
B. Acts or omissions of the additional insured(s) in the injury or damage arises has been
•
connection with their general supervision of put to its intended use by any person or
"your work"at the location shown in the Sched- -
organization other than another con-
ule. • . • • tractor or subcontractor engaged in per-
forming operations for a principal as a
2. With respect to the insurance afforded these addi- part of the same project.
tional insureds, the following additional provisions
apply: • (3) "Bodily injury" or "propertydamage" aris-
ing out of any act or omission of the addi-
A. None of the exclusions under Coverage A, except tional insured(s) or any of their employees,
exclusions(a),(d),(e),(f),(h2), (i)and(m),apply other than the general supervision of work
to this insurance, performed for the additional insured(s) by
B. Additional Exclusions. This insurance does not you.
apply to: (4) "Property damage" to: -
(1) "Bodily injury" or "property damage" for (a) Property owned, used or occupied by or
which the additional insured(s) are obli- rented to the additional insured(s);
gated to pay damages by reason of the as-
sumption of liability in a contract or agree- (b) Property in the care,custody,or control •
rnent. This exclusion does not apply to of the additional insured(s) or over
liability for damages that the additional in- which the additional insured(s) are for
sured(s) would have in the absence of the any purpose exercising physical con- -
contract or agreement. trol; or
(2) "Bodily injury"or"property damage"occur- (c) "Your work" for the additional in-
• ring after: _ sured(s). -
"—Z. 11.4, Copyright, Insurance Services Office, Inc., 1984
6E24
• , ENDORSEMENT PAGE -2 OF 2
• This endorsement, effective 12:01 A. M. 7/2/86 , forms a part of
policy No. KXC 6146423 issued to RAISCH CONSTRUCTION CO.
by - FIREMAN'S FUND INSURANCE COMPANY
OTHER INSURANCE
Subject to all other terms and provisions of the policy, such insurance as
provided by this Endorsement shall be deemed primary, but only with respect
to work performed by or for the Named Insured in connection with the above—
described contract.
•
CANCELLATION CLAUSE
•
It is hereby understood and agreed that •
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
will be given THIRTY (30) days written notice before any reduction of coverage
or cancellation of this insurance is effective.
•
•
•
c
5/7/86 bs '--•- --i'-'- -
seat° ' ed Representative
F STATE OF CALIFORNIA
COUNTY OF SANTA CLARA3ss,
On this2ndday of July , 198 .6 . before me, KATHY D. CATO , a Notary
Public and for the said County and State residing therein, duly commissioned and
sworn, personally appeared RONALD L': 'SHEARY . , known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed
' to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart-
nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS,
INC. , a California Corporation, and RAISCH Ef1UIPMENT CO. . a California corporation.
and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. . a co-
partnership composed of A. 'J. RAISCH PAVING CO. , a California corporation, RAISCH
PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. . a California Cor-
poration. thereto as principal and his own name as attorney-in-fact.
In witness whereof I have hereunto set my hand and affixed my official seal in the
County of Santa Clara the day and year in this certificate first above written.
pumnns UnWnTrrunn„rusmm mean„m,nn,
OFFICIAL SEAL
KATHY D. CATO •
.` '„��. NOTARY PUCLIC — CALIFORNIA
• ��,” COUNTY OF SANTA CLARA
Notary Pu lic in and for t e ounty o
Comm. Exp. h?arch 24,
1989 Santa Clara, State of California
- Bond# U514825 •
t • Premium$ 2,498.
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Raisch Construction Co.
as Principal and United Pacific Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED FIFTY TWO AND N0/100
DOLLARS ($277,552.00) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated
with the Obligee •
to do and perform the following work to-wit:
SARATOGA-SUNNYVALE ROAD WIDENING - PROJECT 85-01
TRAFFIC SIGNAL MODIFICATION - PROJECT 85-06
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
t '
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 2nd day of July , 19 86 • •
•
STATE OF CALIFORNIA
SS.
County of Santa Clara
JodyA. Johnson • sch Construct ' on Co.
on July.2.'.••J 9.t36 before me,
Notary Public, State of California duly commissioned and sworn, By:
personally appeared Richard S`. Svec personally known PrinC a1
to me to be the Attorney-in-Fact of the Corporate Surety that Ronald L. Sheary, Attorney-in-Fact
executed the within instrument, and known to me to be the person
who herein named and sa acknowledged to me instrument that suchCorpon behalf of oration Corporation
United Pacific Insurance Company
executed the same. Surety
i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed /
my official seal in the County of Santa CIar? the day and ;; -(; - ,
By: G
year in this certificate first above written. Attorney-in-Fact
• ,•' , /• Richard S. Svec, Attorney-in-Fact
v� •• JA;• a! his day of , 19_
tJODY A. Jr NSON
t NOTARY PUBLIC-CALIFORNIA
o SANTA CLARA COUNTY
._:�y�,
MY Commusion Ery.Jum,13.1887
•
Bond# U514825
Premium$ 2, 498.
•
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Raisch Construction Co.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the .
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and United Pacific Insurance
Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
.perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED FIFTY TWO AND NO/100 DOLLARS
($ 277,552.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to- such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
J'
I
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA 5'
On thls2nd day of July , 198 •6 , before me. KATHY D. CATO , a Notary
Public nand for the said County and State res ding therein, duly commissioned and
sworn, personally appeared RONALD L: SHEARY • , known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart-
nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS,
INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation.
and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co-
partnership composed of A. J. RAISCH PAVING CO. , a California corporation. RAISCH
PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor-
poration. thereto as principal and his own name as attorney-in-fact.
.` In witness whereof I have hereunto set my hand and affixed my official seal in the
County of Santa Clara the day and year in this certificate first above written.
gum m m Iulee!Lnolonlepf unf,oe f Iu.u:nloee eenneeeeeg
OFFICIAL SEAL a
Ei t KATHY D. CATO 9
-
s.
T '•.;Y;lo • NOTARY PUBLIC - CALIFORNIA A
,,'�jv AO COUNTY OF SANTA CLARA 'otary ' I n .n' or t e ounty o
•
Comm. Exp. March 24, I989� Santa Clara, State of California
•
' .Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the .specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 2nd day of July , 1986 •
Rai c Construction Co.
By:
(To be signed by Principal PifOnaR7) Sheary, Attorney-in-Fa
and Surety. Notary
acknowledgments required.) United Pacific Insurance Company
Surety
/4L"--$2—
By:
Attorney-in-Fact
Richard S. Svec, Attorney-in-Fact
I The above bond is accepted and approved this day of
, 19
STATE OF CALIFORNIA
County of Santa Clara Ss. '
On July 2, 1986 before me, Jody A. Johnson
•
Notary Public, State of California duly commissioned and sworn,
personally appeared Richard �. Svec personally known
to me to be the Attorney-in-Fact of the Corporate Surety that
executed the within instrument, and known to me to be the person
who executed the said instrument on behalf of the Corporation
herein named and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County of Santa Ckc? the day and
year in this certificate first above written.
Q .
, s � ,
.f Pyr ,ODY A.J• NSON
NOTARY PUBLIGCAUFORNIA
F'-a ,
SANTA CLARA COUNTY
.2.1r, My Commission Exp.June 13,1987
II
UNITED PACIFIC INSURANCE CON1I'ANY
k
. HOME OFFICE, FEDERAL WAY,WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS.That the UNITED PACIFIC INSURANCE COMPANY.a corporation duly organritd under the tarn of IM
Slate of WashingIone&ea heaeby rate.coatitult and evppoinl - - ..
RICHARD S. SVLC of SP17 JOSE, CALIFORNIA- ---
its true end lawful Altoeney=rn-Fact,to make,execute_met and detwo for and or in behalf.and as its act and decd .
r • A'NY AND- ALL BONDS. AND IEZ97AKI1;:,3 C: SURE YS-IP---
endtolend the UNITED PACIFIC INSURANCE COMPANY thereby at fully and to the same went n of such bonds end undettatongs and olhe.wertrnge
cbl,prtory in the nature thereof r.tet signed by an Enabvt Other of the UNITED PACIFIC INSURANCE COMPANY and auNd and♦knled by ont
other of such off,eres.and hereby rataf.rs and confirms all that its said Attorneyfsl-in•Feet may do in pun.unce hereof. -
This Pourer of Attorney a granted under and by authority of Ancle VII of the By-fwrs of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7.1978,which provsl.ons are now in full force and effect,reading at follows -
- ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS .
1. The Board of Directors.the President.the Chairman of the Board,any Senor Voce President.any Via President or Auntant Vice President
or other officer designated by the Board of Directors shall have powtt and authority to fol appoint Atiorney%in.Fect and to authorize them to ereeute
on behalf of the Company. bonds and under:at,ngs.recognraanen, contracts of indemnity and other writings obligatory in tht adore thereof.and Ibl
to re mo•-i any tach Attorney-in-Fact at any time and revolt the power and authority given to him.
7. Arlorneyt-an-qct shall here power and authority,subject to the Iters and hmaatront of the power of attorney issued to them.to teecutt .
andddover on behalf of the Company.bonds and undertakings.recognrtaners,contracts of indemnity and other writings oblogatoey in the nitwit thereof -
The corporate seat is not n.cnury for the validity of any bonds and undertaking..recognraanat,contracts of indemnity and other writings obligatory
on the nature thereof-
3. Anorneys-m-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizancrs,contracts of ,pdtm-
ndy or other conditional or obligatory urt:ettat✓ns and they shall alto hare quota and authority to certify the financial statement of the Company and
to capes of the By-Lavat of the Company or any article or section thereof.
This povvet of attorney it signed and sealed by facsimile under.and by authority of the following Resolution adopted by the Board or Di•ecton of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June. 1979,at which a Qweum eat present,and said Resolut.on hat not
been amended or repeated: •
"Resole—ed./ha/the straturrt of suds directors and officers and the seal of the Company may be affixed to any such poet, of
attorney or any =ninona relating Thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
t.gnatures oe fscpmile tail shall be rabd and binding upon the Company and any such power so executed and certified by
facsimile hyalites and faeim:le sea' shall be valid and binding upon the Company in the future with respect to any bond or .
undereating 10 y.h,ch it rs aaaehad.
IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY hat caused these p'eunta to be signed by its Vice President.and its co.poeale
aces tube hereto affixed.this 28th day of JPJuary 19 Si.
^. e
UNITED PACIFIC INSURANCE •r-OMrAYNIY
• iuseL„. G
/1
. Vice President
STATE OF Washington -
COUNTY OF King }is.
On ttiy 28th day of January . 19 32,personatly appeared Charles S. Schr..slz
to me tnc,,..n to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY. and ectnoeteda d that he executed and attested the for*"
(fling inttrur*ent end affixed the aeal of sa:d corporation thereto, and that Article VII,Section 1. 7. and 3 of the By-Lent of sad Company. and the
Res•0lution,yet forth Thar stn,,at it'll in full fora u. I. I
r fly Commron Expires: jr.�♦ a 'I� a - a-
u; -
June 12 .tg 82 '.^,•‘ ` Notary P.bhc in and for S le of 'r ashi nEton
• Fs-circling at Tacoma -
1, ChJ. F�sL•OY Auinent Saottery of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and turtq-nt d a true avd ec.r eel =pi of a Pointy of Attorney a xecvied by 1+4 UNITED PACIFIC INSURANCE COMPANY,which it still in lull
fora and'Hen. .
nTN E SS KxtE e.EOF.Itoretie ra..--.0se,r-gl_-•dt-C to f,s-m.:t'•. es-at ee n d Ce"C--e'rf 2nd Ctyd July n 86
l� i • C) AT /